HB 7177

1	A bill to be entitled
2	An act relating to the Florida Government Accountability
3	Act; amending s. 11.902, F.S.; redefining the term
4	"committee" and defining the term "joint committee" for
5	purposes of the act; amending s. 11.903, F.S.; authorizing
6	the Senate and the House of Representatives to appoint
7	Legislative Sunset Review Committees to conduct
8	independent reviews for each house; requiring the Senate
9	and the House of Representatives to jointly appoint a
10	Legislative Sunset Committee to oversee the review process
11	required under the act and make recommendations to the
12	Legislature; providing terms of office for commission
13	members; providing for membership and terms of office;
14	amending s. 11.904, F.S.; providing for staff of the joint
15	committee; requiring the Auditor General to assist review
16	committees and the joint committee upon request; amending
17	s. 11.905, F.S.; revising the schedule for reviewing state
18	agencies and advisory committees; amending s. 11.9055,
19	F.S.; providing duties of an agency or advisory committee
20	if the Legislature fails to take action to continue the
21	agency or committee by the required date; amending s.
22	11.906, F.S.; revising the date before a review by which
23	the agency is required to provide a report; revising the
24	requirements for the report; amending ss. 11.907 and
25	11.908, F.S.; revising the procedures for a review of an
26	agency; revising the duties of the Office of Program
27	Policy Analysis and Government Accountability; requiring a
28	Legislative Sunset Review Committee and the joint
29	committee to make recommendations and propose legislation
30	if necessary; amending s. 11.910, F.S.; revising certain
31	criteria for the review of an agency and its advisory
32	committees; amending s. 11.911, F.S.; requiring that
33	Legislative Sunset Review Committees and the joint
34	committee provide proposed legislation; amending s.
35	11.918, F.S.; authorizing the joint committee to exercise
36	any powers vested in a standing committee of the
37	Legislature; authorizing the joint committee to access
38	information of and obtain assistance from state agencies;
39	amending s. 11.919, F.S.; authorizing the committee to
40	access and request information from state agencies and
41	officers; providing an effective date.
42
43	Be It Enacted by the Legislature of the State of Florida:
44
45	Section 1.  Subsection (3) of section 11.902, Florida
46	Statutes, is amended, and subsection (4) is added to that
47	section, to read:
48	11.902  Definitions.--As used in ss. 11.901-11.920, the
49	term:
50	(3)  "Committee" means any Legislative Sunset Review
51	Advisory Committee appointed pursuant to s. 11.903.
52	(4)  "Joint committee" means the Legislative Sunset
53	Committee appointed pursuant to s. 11.903.
54	Section 2.  Section 11.903, Florida Statutes, is amended to
55	read:
56	11.903  Legislative Sunset Review Advisory Committees and
57	the Joint Legislative Sunset Committee.--
58	(1)  The Senate and House of Representatives may, pursuant
59	to the rules of each house, appoint one or more standing or
60	select committees as a Legislative Sunset Review Committees
61	Advisory Committee to conduct independent reviews for each house
62	advise the Legislature regarding the agency sunsets required by
63	ss. 11.901-11.920.
64	(2)  The Senate and House of Representatives shall may,
65	pursuant to the joint rules of both houses, appoint a one or
66	more Joint committees as a Legislative Sunset Advisory Committee
67	for the purposes of overseeing to advise the Legislature
68	regarding the agency review process sunsets required by ss.
69	11.901-11.920 and of making recommendations to the Legislature.
70	(3)  Members of the committees and joint committee shall
71	serve at the pleasure of their appointing presiding officer for
72	a term terms of 2 years each or until the next general election,
73	whichever occurs earlier.
74	(a)  The Legislative Sunset Committee established under
75	this subsection shall be a joint committee composed of 10
76	members: five members of the Senate appointed by the President
77	of the Senate and five members of the House of Representatives
78	appointed by the Speaker of the House of Representatives.
79	(b)  The presiding officer of each house shall appoint a
80	chair who shall serve as co-chair of the joint committee
81	established under this subsection. Each co-chair shall serve at
82	the pleasure of the appointing presiding officer for a term of 2
83	years or until the next general election.
84	(4)  Initial appointments shall be made not later than
85	November 30, 2006, and subsequent appointments shall be made not
86	later than January 15 of the year following each organization
87	session of the Legislature.
88	(4)(5)  If a legislative member ceases to be a member of
89	the house from which he or she was appointed, the member vacates
90	his or her membership on the committee or joint committee.
91	Section 3.  Section 11.904, Florida Statutes, is amended to
92	read:
93	11.904  Staff.--The Senate and the House of Representatives
94	may each employ staff to work for the joint chair and vice chair
95	of the committee on matters related to joint committee
96	activities. The Auditor General and The Office of Program Policy
97	Analysis and Government Accountability shall provide primary
98	research services as directed by the committee and the joint
99	committee and assist the committee in conducting the reviews its
100	review under s. 11.910. Upon request, the Auditor General shall
101	assist the committees and the joint committee.
102	Section 4.  Section 11.905, Florida Statutes, is amended to
103	read:
104	11.905  Schedule for reviewing state agencies and advisory
105	committees.--The following state agencies, including their
106	advisory committees, or the following advisory committees of
107	agencies shall be reviewed according to the following schedule:
108	(1)  Reviewed by July 1, 2008:
109	(a)  Statutorily created responsibilities of the Fish and
110	Wildlife Conservation Commission.
111	(b)  Department of Agriculture and Consumer Services.
112	(c)  Department of Citrus, including the Citrus Commission.
113	(d)  Department of Environmental Protection.
114	(e)  Department of Highway Safety and Motor Vehicles.
115	(f)  Water management districts.
116	(2)  Reviewed by July 1, 2010 2009:
117	(a)  Department of Children and Family Services.
118	(b)  Department of Community Affairs.
119	(c)  Department of Management Services.
120	(d)  Department of State.
121	(3)  Reviewed by July 1, 2012 2010:
122	(a)  Advisory committees for the Florida Community College
123	System.
124	(b)  Advisory committees for the State University System.
125	(c)  Agency for Workforce Innovation.
126	(d)  Department of Education.
127	(e)  Department of the Lottery.
128	(4)  Reviewed by July 1, 2014 2011:
129	(a)  Agency for Health Care Administration.
130	(b)  Agency for Persons with Disabilities.
131	(c)  Department of Elderly Affairs.
132	(d)  Department of Health.
133	(5)  Reviewed by July 1, 2016 2012:
134	(a)  Department of Business and Professional Regulation.
135	(b)  Department of Transportation.
136	(c)  Department of Veterans' Affairs.
137	(6)  Reviewed by July 1, 2018 2013:
138	(a)  Advisory committees for the State Board of
139	Administration.
140	(b)  Department of Financial Services, including the
141	Financial Services Commission.
142	(c)  Department of Revenue.
143	(7)  Reviewed by July 1, 2020 2014:
144	(a)  Department of Corrections.
145	(b)  Department of Juvenile Justice.
146	(c)  Department of Law Enforcement.
147	(d)  Department of Legal Affairs.
148	(e)  Justice Administrative Commission.
149	(f)  Parole Commission.
150	(8)  Reviewed by July 1, 2022 2015:
151	(a)  Executive Office of the Governor.
152	(b)  Florida Public Service Commission.
153
154	Upon completion of this cycle, each agency shall again be
155	subject to sunset review 10 years after its initial review.
156	Section 5.  Section 11.9055, Florida Statutes, is amended
157	to read:
158	11.9055  Abolition of state agencies and advisory
159	committees.--
160	(1)  An agency subject to review by the Legislature
161	Legislative Committee on Sunset Review shall be abolished on
162	June 30 following the date of review specified in s. 11.905,
163	unless the Legislature continues the agency or advisory
164	committee; however, an agency may not be abolished unless the
165	Legislature finds, pursuant to law, that all state laws the
166	agency had responsibility to implement or enforce have been
167	repealed, revised, or reassigned to another remaining agency and
168	that adequate provision has been made for the transfer to a
169	successor agency of all duties and obligations relating to
170	bonds, loans, promissory notes, lease-purchase lease purchase
171	agreements, installment sales contracts, certificates of
172	participation, master equipment financing agreements, or any
173	other form of indebtedness such that security therefor and the
174	rights of bondholders or holders of other indebtedness are not
175	impaired.
176	(2)  If the Legislature does not take action before the
177	date of review to continue the agency or advisory committee, the
178	agency shall submit its legislative budget request consistent
179	with the provisions of chapter 216 recommendations of the
180	appropriate Legislative committee on Sunset Review or any law
181	transferring the agency's functions to other entities. Such
182	agency shall continue to be subject to annual sunset review by
183	the Legislature until the Legislature enacts legislation
184	relating to the agency's continuation, modification, or
185	termination.
186	Section 6.  Section 11.906, Florida Statutes, is amended to
187	read:
188	11.906  Agency report to the Legislature committee.--Not
189	later than July 1, 2 years January 1 of the year preceding the
190	year in which a state agency and its advisory committees are
191	scheduled to be reviewed, the agency shall provide the
192	Legislature committee with a report that includes:
193	(1)  The performance measures for each program and activity
194	as provided in s. 216.011 and 3 years of data for each measure
195	that provides actual results for the immediately preceding 2
196	years and projected results for the current fiscal year that
197	begins in the year that the agency report is scheduled to be
198	submitted to the Legislature.
199	(2)  An explanation of factors that have contributed to any
200	failure to achieve the legislative standards.
201	(3)  The promptness and effectiveness with which the agency
202	disposes of complaints concerning persons affected by the
203	agency.
204	(4)  The extent to which the agency has encouraged
205	participation by the public in making its rules and decisions as
206	opposed to participation solely by those it regulates and the
207	extent to which public participation has resulted in rules
208	compatible with the objectives of the agency.
209	(5)  The extent to which the agency has complied with
210	applicable requirements of state law and applicable rules
211	regarding purchasing goals and programs for small and minority-
212	owned businesses historically underutilized businesses.
213	(6)  A statement of any statutory objectives intended for
214	each program and activity, the problem or need that the program
215	and activity were intended to address, and the extent to which
216	these objectives have been achieved.
217	(7)  An assessment of the extent to which the jurisdiction
218	of the agency and its programs overlap or duplicate those of
219	other agencies and the extent to which the programs can be
220	consolidated with those of other agencies.
221	(8)  An assessment of less restrictive or alternative
222	methods of providing services for which the agency is
223	responsible which would reduce costs or improve performance
224	while adequately protecting the public.
225	(9)  An assessment of the extent to which the agency has
226	corrected deficiencies and implemented recommendations contained
227	in reports of the Auditor General, the Office of Program Policy
228	Analysis and Government Accountability, legislative interim
229	studies, and federal audit entities.
230	(10)  The process by which an agency actively measures
231	quality and efficiency of services it provides to the public.
232	The extent to which the agency enforces laws relating to
233	potential conflicts of interest of its employees.
234	(11)  The extent to which the agency complies with public
235	records and public meetings requirements under chapters 119 and
236	286 and s. 24, Art. I of the State Constitution.
237	(12)  The extent to which alternative program delivery
238	options, such as privatization, outsourcing, or insourcing, have
239	been considered to reduce costs or improve services to state
240	residents.
241	(13)  Recommendations to the Legislature committee for
242	statutory, or budgetary, or regulatory changes that would
243	improve the quality and efficiency of services delivered to the
244	public program operations, reduce costs, or reduce duplication.
245	(14)  The effect of federal intervention or loss of federal
246	funds if the agency, program, or activity is abolished.
247	(15)  A list of all advisory committees, including those
248	established in statute and those established by managerial
249	initiative; their purpose, activities, composition, and related
250	expenses; the extent to which their purposes have been achieved;
251	and the rationale for continuing or eliminating each advisory
252	committee.
253	(16)  Agency programs or functions that are performed
254	without specific statutory authority.
255	(17)  Other information requested by the Legislature
256	committee.
257
258	Information and data reported by the agency shall be validated
259	by its agency head and inspector general before submission to
260	the Legislature committee.
261	Section 7.  Section 11.907, Florida Statutes, is amended to
262	read:
263	11.907  Legislative review.--Upon receipt of an agency
264	report pursuant to s. 11.906, the joint committee may and the
265	appropriate committee shall conduct a review of the agency and
266	may direct the Office of Program Policy Analysis and Government
267	Accountability to shall conduct a program evaluation and
268	justification review, as defined in s. 11.513, of the agency and
269	its advisory committees, including an examination of the cost of
270	each agency program, an evaluation of best practices and
271	alternatives that would result in the administration of the
272	agency in a more efficient or effective manner, and examination
273	of the viability of privatization or a different state agency
274	performing the functions, and an evaluation of the cost and
275	consequences of discontinuing the agency. The reviews review
276	shall be comprehensive in its scope and shall consider the
277	information provided by the agency report in addition to
278	information deemed necessary by the office and the appropriate
279	Legislative Sunset Advisory committee or the joint committee.
280	The Office of Program Policy Analysis and Government
281	Accountability shall submit its report to the Legislature in a
282	timeframe prescribed by the committee requesting the review
283	committee and to the President of the Senate and the Speaker of
284	the House of Representatives by October 31 of the year in which
285	the agency submits its report. The Office of Program Policy
286	Analysis and Government Accountability shall include in its
287	reports report recommendations for consideration by the
288	Legislature committee.
289	Section 8.  Section 11.908, Florida Statutes, is amended to
290	read:
291	11.908  Committee duties.--No later than March 1 of the
292	year in which a state agency or its advisory committees are
293	scheduled to be reviewed, the committee shall and the joint
294	committee may:
295	(1)  Review the information submitted by the agency and the
296	reports of any independent reviews directed by the committee,
297	including those conducted by report of the Office of Program
298	Policy Analysis and Government Accountability.
299	(2)  Consult with the Legislative Budget Commission,
300	relevant substantive and appropriations committees of the Senate
301	and the House of Representatives, the Governor's Office of
302	Policy and Budgeting, the Auditor General, and the Chief
303	Financial Officer, or their successors, relating to the review
304	of on the application to the agency and its advisory committees
305	of the criteria provided in s. 11.910.
306	(3)  Hold public hearings to consider this information as
307	well as other information and testimony that the committee or
308	joint committee deems necessary.
309	(4)  Present to the President of the Senate and the Speaker
310	of the House of Representatives a report on the agencies and
311	advisory committees scheduled to be reviewed that year by the
312	Legislature committee. In the report, the committee shall
313	include its specific findings and recommendations regarding each
314	of the information considered pursuant to criteria prescribed by
315	s. 11.910, and shall also make recommendations as described in
316	s. 11.911, and propose legislation as it considers necessary. In
317	the joint committee report, the joint committee shall include
318	its specific findings and recommendations regarding the
319	information considered pursuant to s. 11.90 and make
320	recommendations as described in s. 11.911.
321	Section 9.  Section 11.910, Florida Statutes, is amended to
322	read:
323	11.910  Information Criteria for review.--The committee may
324	shall consider information submitted pursuant to s. 11.906 as
325	well as any additional information it considers relevant the
326	following criteria in determining whether a public need exists
327	for the continuation of a state agency or its advisory
328	committees or for the performance of any of the functions of the
329	agency or its advisory committees.:
330	(1)  Agency compliance with the accountability measures, as
331	analyzed by the Auditor General, the Office of Program Policy
332	Analysis and Government Accountability, and the Office of Policy
333	and Budget within the Executive Office of the Governor, pursuant
334	to ss. 216.013 and 216.023(4) and (5).
335	(2)  The efficiency with which the agency or advisory
336	committee operates.
337	(3)  The statutory objectives of the agency or advisory
338	committee and the problem or need that the agency or advisory
339	committee is intended to address, the extent to which the
340	objectives have been achieved, and any activities of the agency
341	in addition to those granted by statute and the authority for
342	these activities.
343	(4)  An assessment of less restrictive or alternative
344	methods of providing any regulatory function for which the
345	agency is responsible while adequately protecting the public.
346	(5)  The extent to which the advisory committee is needed
347	and is used.
348	(6)  The extent to which the jurisdiction of the agency and
349	the programs administered by the agency overlap or duplicate
350	those of other agencies and the extent to which the programs
351	administered by the agency can be consolidated with the programs
352	of other state agencies.
353	(7)  Whether the agency has recommended to the Legislature
354	statutory changes calculated to be of benefit to the public
355	rather than to an occupation, business, or institution that the
356	agency regulates.
357	(8)  The promptness and effectiveness with which the agency
358	disposes of complaints concerning persons affected by the
359	agency.
360	(9)  The extent to which the agency has encouraged
361	participation by the public in making its rules and decisions as
362	opposed to participation solely by those it regulates and the
363	extent to which the public participation has resulted in rules
364	compatible with the objectives of the agency.
365	(10)  The extent to which the agency has complied with
366	applicable requirements of state law and applicable rules of any
367	state agency regarding purchasing goals and programs for
368	historically underutilized businesses.
369	(11)  The extent to which changes are necessary in the
370	enabling statutes of the agency so that the agency can
371	adequately comply with the criteria listed in this section.
372	(12)  The extent to which the agency adopts and enforces
373	rules relating to potential conflicts of interest of its
374	employees.
375	(13)  The extent to which the agency complies with public
376	records and public meetings requirements under chapters 119 and
377	287 and s. 24, Art. I of the State Constitution and follows
378	records management practices that enable the agency to respond
379	efficiently to requests for public information.
380	(14)  The extent to which the agency accurately reports
381	performance measures used to justify state spending on each of
382	its activities, services, and programs.
383	(15)  The effect of federal intervention or loss of federal
384	funds if the agency is abolished.
385	(16)  Whether any advisory committee or any other part of
386	the agency exercises its powers and duties independently of the
387	direct supervision of the agency head in violation of s. 6, Art.
388	IV of the State Constitution.
389	Section 10.  Section 11.911, Florida Statutes, is amended
390	to read:
391	11.911  Committee recommendations.--
392	(1)  In its report on a state agency, the committee shall:
393	(a)(1)  Make recommendations on the abolition,
394	continuation, or reorganization of each state agency and its
395	advisory committees and on the need for the performance of the
396	functions of the agency and its advisory committees.
397	(b)(2)  Make recommendations on the consolidation,
398	transfer, or reorganization of programs within state agencies
399	not under review when the programs duplicate functions performed
400	in agencies under review.
401	(c)(3)  Propose Include drafts of legislation necessary to
402	carry out the committee's recommendations under paragraph (a) or
403	paragraph (b) subsection (1) or subsection (2).
404	(2)  In its report on a state agency, the joint committee
405	shall:
406	(a)  Make recommendations on the abolition, continuation,
407	or reorganization of each state agency and its advisory
408	committees and on the need for the performance of the functions
409	of the agency and its advisory committees.
410	(b)  Make recommendations on the consolidation, transfer,
411	or reorganization of programs within state agencies not under
412	review when the programs duplicate functions performed in
413	agencies under review.
414	Section 11.  Section 11.918, Florida Statutes, is amended
415	to read:
416	11.918  Joint Legislative Sunset Committee; powers;
417	assistance of state agencies Subpoena power.--
418	(1)  The Joint Any Legislative Sunset Advisory Committee
419	may take under investigation any matter within the scope of a
420	sunset review either completed or then being conducted by the
421	joint committee, and, in connection with such investigation, may
422	exercise the powers of subpoena by law and any other powers
423	vested in a standing committee of the Legislature pursuant to s.
424	11.143.
425	(2)  The joint committee may access or request information
426	and request assistance of state agencies and officers. When
427	assistance is requested, a state agency or officer shall assist
428	the joint committee.
429	Section 12.  Subsection (1) of section 11.919, Florida
430	Statutes, is amended to read:
431	11.919  Assistance of and access to state agencies.--
432	(1)  The committee may access or request information and
433	request the assistance of state agencies and officers. When
434	assistance is requested, a state agency or officer shall assist
435	the committee.
436	Section 13.  This act shall take effect July 1, 2007.

CODING: Words stricken are deletions; words underlined are additions.